What distances apply to a window or view over the neighbouring property in France?

Views and light-only openings: two notions not to confuse

A view is an opening that lets the gaze reach the neighbouring land: an opening window, a French window, a balcony, a terrace or any comparable projection. A light-only opening, known in French as a jour de souffrance or jour de tolérance, is an opening designed to let in light only: it is fixed and translucent, without allowing anyone to see into the neighbour's property.

In a non-party wall immediately adjoining another person's land, the owner may create light-only openings with iron mesh and fixed glazing: a fixed frame fitted with an iron lattice whose mesh does not exceed one decimetre (Article 676 of the French Civil Code). These openings must be placed at least 2.60 m above the floor on the ground floor and 1.90 m on the upper floors (Article 677). In a party wall, by contrast, no opening may be made without the neighbour's consent, even with fixed glazing (Article 675).

The statutory distances: 1.90 m for a direct view, 0.60 m for an oblique view

A direct view looks onto the neighbouring land without leaning out or turning one's head: it requires nineteen decimetres, that is 1.90 m, between the wall where it is made and the boundary of the neighbouring property (Article 678 of the French Civil Code). An oblique view, which only reaches the neighbouring land by leaning out or turning one's head, requires six decimetres, that is 0.60 m (Article 679).

The distance is measured from the outer face of the wall where the opening is made and, where there is a balcony or similar projection, from its outer line to the dividing line between the two properties (Article 680).

Article 678 itself sets the rule aside where the neighbouring land over which the view is exercised is already burdened, for the benefit of the land concerned, with a right of way preventing the erection of buildings. Case law also sets these distances aside where the view looks onto the public highway or public property.

In summary: a direct view (window, balcony, terrace) requires 1.90 m between the opening and the boundary line (Article 678); an oblique view requires 0.60 m (Article 679); a light-only opening with iron mesh and fixed glazing requires no distance but must sit at 2.60 m above the floor on the ground floor and 1.90 m on the upper floors (Articles 676 and 677); and no opening may be made in a party wall without the neighbour's consent (Article 675).

Penalties and acquiring a view by thirty-year prescription

A view created at an irregular distance exposes its author to an action by the neighbour for removal of the opening or for bringing it into compliance, where appropriate under a periodic penalty. The neighbour does not have to show any specific harm: breach of the statutory distances is in principle enough.

But the easement of view is continuous and apparent: it can therefore be acquired by thirty years of possession (Article 690 of the French Civil Code). After that period, counted in principle from the completion of the irregular opening, the neighbour can no longer demand its removal, and case law then bars him from building within 1.90 m of that view, which has become an easement. Before any project for an opening close to the boundary, it also remains prudent to check the local urban plan (plan local d'urbanisme), which may add constraints of its own.